New York Health Plans Cite Antitrust Concerns in Clash Over CDPAP Rate Hike

PPL has asked health plans to pay an additional 55 cents per hour for workers who provide home care to elderly and disabled New Yorkers. The company argues the increase is required to comply with a statewide 50-cent minimum wage hike scheduled to take effect Jan. 1. But the Health Plan Association says the existing rates already cover the upcoming wage change, and that PPL’s move to set a single, mandatory rate across the market could amount to anti-competitive behavior, according to the Dec. 4 letter sent to state officials.

The letter states that “because PPL has seemingly issued a non-negotiable one-size-fits-all approach,” the reimbursement demand may violate federal and state antitrust laws. According to a statement from the association, forcing every plan to adopt the same payment structure removes the competitive dynamics that typically determine rates and undermines the ability of insurers to negotiate terms. The group also asserts that PPL has not provided proof that the state Health Department authorized the specific reimbursement model it is attempting to impose.

PPL has pushed back firmly, saying in a statement that the increase is solely intended to ensure workers receive the full value of the minimum wage adjustment and does not enhance company profits. “To ensure that Personal Assistants obtain the full benefit of the minimum wage increase, PPL is raising its MCO rates by $0.55 per hour,” the company noted, emphasizing that “every added dollar goes directly to worker pay.” PPL has also warned, per the association’s statement, that it may terminate contracts with any plan that refuses to accept the new rates — a threat insurers argue further heightens the antitrust implications by limiting market choice.

The dispute unfolds amid widespread frustration within CDPAP, where workers continue reporting delayed or inaccurate payments since PPL assumed control. Advocates say the transition pushed hundreds of small fiscal intermediaries out of business, leaving caregivers with fewer administrative supports and consumers with limited options.

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Lt. Gov. Antonio Delgado, who is running for governor, joined disability advocates at the Capitol this week to call for immediate reforms. “We’re at a place right now where, as discussed in detail today, folks are feeling left behind and unaccounted for,” he told reporters. Delgado also signed an advocate’s poster pledging to fix the program, increase wages and pursue higher taxes on wealthy New Yorkers to protect Medicaid funding.

Workers say the stakes are high as federal cuts loom. “There’s going to be $12 billion in tax cuts for the wealthy going into next year, and all the cuts to Medicaid will leave our home care program in shambles if nothing is done,” said Charles Hudson, a CDPAP worker from Syracuse who cares for his disabled mother.

State officials maintain that PPL’s rate change is lawful. Health Department spokeswoman Cadence Acquaviva said the agency approved the adjustment as required under state law and that Medicaid has already compensated plans for the increase. “These arguments are unfounded and represent yet another attempt to undermine the department’s work to implement these critical reforms,” she said, noting that the changes are projected to save taxpayers $1 billion this year.

As the conflict intensifies, legal experts say the antitrust questions may become increasingly central. Because PPL functions as the exclusive fiduciary for CDPAP — a position that already gives it substantial market control — any effort to set fixed, non-negotiable rates could draw scrutiny from regulators, per statements from the association. For now, however, no formal legal action has been announced, leaving the program’s future shaped largely by the ongoing standoff between state officials, health plans and PPL.

Source: Spectrum Local News